How Long Do You Have To File A Premises Liability Case In New York?
If you’ve been injured on someone’s property, you have the right to file a premises liability claim and get compensation for damages. But you need to act fast. Like any other state in the U.S., New York has a statute of limitations on every type of case, including premises liability. Learn more about the state’s deadlines, the exceptions to this rule, and how our lawyers can help you with the claims process.
Understanding New York’s Statute Of Limitations
New York has a strict statute of limitations or legal deadline for each type of claim. These laws exist to help the case proceed smoothly and ensure the evidence is based on reliable information. In most premises liability cases, you have up to 3 years from when you suffered your injury to file a claim. If you don’t file within this timeframe, the courts will most likely dismiss it.
Legal cases like these are time-sensitive. Avoid waiting until the last minute to file a claim only to have it rejected when you do. The earlier you start the process, the higher your chances of winning the case and receiving compensation.
Exceptions That Could Affect the Filing Deadline
While most cases fall under the 3-year deadline, there are a few exceptions to this rule:
Suing A Government Entity
Any claim involving the state government has significantly stricter deadlines than standard cases. If you were injured on public property like a sidewalk, you have 90 days to submit a Notice of Claim to a government agency. Missing this deadline will likely result in your claim being rejected.
Minors Or Victims With Disabilities
If the victim is a minor or has a disability, the statute of limitations offers them specific exemptions. A person with a disability will have their timeline “tolled” until they regain the capacity to file a claim. The courts also pause a minor’s timeline until they turn 18. However, this exemption doesn’t apply if you’re suing the government. The 90-day rule would still apply, even if they’re still a minor.
Late Discovery Of Injury
Not all victims realize they have an injury until much later. In this case, the “discovery rule” may apply. Those eligible will have their statute of limitations begin the day they discover their injuries. However, keep in mind that this situation isn’t common. Our premises liability lawyers will take a look at your case’s details and see if this rule is relevant to your claim.
Our Lawyers Are Here To Help
Premises liability claims will help you recover damages for your injuries. But we don’t recommend you go through this process alone. Since 1952, our premises liability lawyers have served victims on Long Island and all five boroughs of NYC. We’ll analyze your case’s details and help walk you through the legal process. With our help, you’ll be one step closer to receiving the benefits you deserve. Please contact us at 866-575-0433 to set up a free consultation today.